Terms & Conditions

Welcome and thank you for visiting SporeBoss, which is owned and operated by Mass Mycology LLC.

1. Important Notice

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

By accessing this site and placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not order or obtain products from this site if:

  • (a) You do not agree to these Terms,
  • (b) You are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract,
  • (c) You are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law, or if the laws of your jurisdiction prohibit you from purchasing any applicable goods from this website.

 

2. Terms and Conditions

These terms and conditions (these “Terms”) apply to the purchase and sale of products from Mass Mycology through https://www.sporeboss.com or other websites published or maintained by Mass Mycology LLC (collectively, the “Site”). These Terms are subject to change by Mass Mycology LLC or its subsidiaries (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion.

Visitors to our Site are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties.” Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the website Terms & Conditions that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 7).

 

3. Order Acceptance and Cancellation

(a) By placing an order, you are making an offer to purchase, in accordance with these Terms, all the products listed in your order (“Products”). All orders are subject to our acceptance before fulfillment. We are not obligated to sell the Products to you if we choose not to accept your order, which we may do at our discretion. Upon receiving your order, we will promptly send you a confirmation email containing your order number and a breakdown of the items you’ve requested. The acceptance of your order and the formation of the sales contract between us and you will only occur once you have received the confirmation email.

(b) We retain the right to decline any order for Products placed by individuals under the age of 18, those in violation of these Terms, or those requiring delivery to a location where the Products are considered illegal or prohibited, as determined solely by us. Please note that we will not ship any Products to addresses in California, Idaho, or Georgia. Any order seeking shipment to California, Idaho, or Georgia will be rejected, nullified, and refunded as needed. If we decline an order, we will promptly send you a notification of refusal to the email address you provided during your order placement.

 

4. Prices and Payment Terms

(a) Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) From time to time we may offer promotions on the site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.

(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, debit cards, cash, check, and Zelle wire transfers for all purchases. Charges to your credit card will appear listing the brand and/or description of the Product(s) you ordered. You represent and warrant that:

  • (i) the credit card information you supply to us is true, correct, and complete,
  • (ii) you are duly authorized to use such credit card for the order,
  • (iii) charges incurred by you will be honored by your credit card company, and
  • (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 

5. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange for shipment of the Products to you following your order. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

6. Goods Not for Resale or Export by Customers

You, as a direct customer of the Products, represent and warrant that you are buying Products from the Site for your own research and/or identification purposes only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States, excluding California, Idaho, and Georgia.

 

7. Intellectual Property

(a) This site and all of its contents (the “Content”) are the sole property of Mass Mycology LLC. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, certain Product names, Product descriptions and lists, trademarks, software code, menus, and all other materials on this site. Marketing materials and logos incorporating the words “Spore Boss”, “Mass Myco”, and derivations thereof are trademarked, and related words, logos, slogans, and designs are the property of or licensed to us. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without our written consent prior to such use.

(b) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to:

  • Resell or make any commercial use of the site, its Contents, or our Products sold through the site;
  • Make any derivative use of any of our Content;
  • Download, copy, or otherwise use any Content or Account information for the benefit of any third party;
  • Use any data mining, robots, or similar data gathering and/or extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or Product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our Products or Content. You may use our site only as permitted by applicable law and these Terms. The limited licenses we have granted you pursuant to this subsection will terminate if you do not comply with these Terms.

(d) The Site may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, Products and/or other materials on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites.

(e) We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

  • (i) a description of the copyrighted work that you believe has been infringed upon and a description of the infringing activity;
  • (ii) a description of the location of the material that you believe is infringing;
  • (iii) your contact information, including address, telephone number and email address;
  • (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;
  • (vi) a physical or electronic signature by you; and
  • (vii) send the written notice to the following address:

Mass Mycology LLC
Email: Info@sporeboss.com
Phone: 978-766-2665 (M-F, 10:00 am-3:00 pm EST)

 

8. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy for Liquid Myco governs the processing of all personal data collected from you in connection with your purchase of Products through the Site.

 

9. Returns and Refunds

We want you to feel confident with your purchase and provide you with the highest quality customer service. The warranties set forth in Section 11 of these Terms govern all returns, replacements, and refunds.

 

10. Usage Limitations

(a) You may not:

  • (i) Submit any false or misleading information to this site or use this site to submit any false or misleading information to us or any other party;
  • (ii) Use this site to access any private network of ours, any other private proprietary information belonging to us, or any other information not intended for customer use;
  • (iii) Upload any harmful computer program or component, including any virus, malware, bot, trojan, worm, bomb, or any other computer component, program, or action designed to damage and/or alter this site in any way, or to receive any proprietary information belonging to us;
  • (iv) Take any action that disrupts or changes the functionality, content, or accessibility of this site, including any act that takes down the site;
  • (v) Disguise your origin or that of any message sent by you, pretend to be somebody or something else, or impersonate anybody or anything;
  • (vi) Use this site in any way for any purpose that is unlawful or in violation of these Terms; or
  • (vii) Upload any content, including, but not limited to comments, feedback, or other submissions, that contains unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable material in violation of these Terms.

(b) User Accounts
You may access our Site by a user account (“Account”) using a username and password provided by you to us. You agree that we may access your Account for any reason in our sole and absolute discretion. You further acknowledge, consent, and agree that we may disclose your account (and its contents) if required to do so by applicable law or if we have a good faith belief that such disclosure is reasonably necessary to:

  • (i) Comply with legal process;
  • (ii) Enforce these Terms;
  • (iii) Respond to claims; and/or
  • (iv) Protect the rights, property, or personal safety of us, our users, and/or the public.

(c) Account Responsibility
You are solely responsible for maintaining the confidentiality of your Account, including all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you. This includes, but is not limited to, all communications, transactions, and obligations. We shall not be liable or responsible for any loss or damage arising from any unauthorized use, access, or other breach of security of your Account. You shall notify us immediately of any unauthorized access to your Account or any other unauthorized use of the Site.

 

11. User Comments, Feedback, and Other Submissions

(a) If you send submissions to the Site or to websites linked to or from the Site (for example, contest entries, blog entries, or social media posts), or without a request from us send creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation to:

  1. Maintain any Comments in confidence;
  2. Pay compensation for any Comments; or
  3. Respond to any Comments.

(b) We may, but have no obligation to, monitor, edit, or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms.

(c) You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Site or any related website.

 

12. Limited Warranty and Disclaimers for Direct to Customer Sales

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

We warrant that during the Customer Warranty Period, the Products purchased from the Site will be free from defects in materials and workmanship.

To the extent not prohibited by law, this warranty is exclusive and in lieu of all other warranties, oral, written, statutory, express, or implied. Except for the express warranties contained in this Limited Warranty Statement, we disclaim all other warranties, express or implied, statutory or otherwise, including without limitation the warranties of merchantability and fitness for a particular purpose.

Our responsibility for defective products is limited to repair, replacement, or refund as set forth in these Terms.

(a) Third-Party Products
Products manufactured by a third party may constitute, contain, or be packaged together with the Products. Third-Party Products are not covered by this warranty.

(b) Warranty Eligibility
This limited warranty extends only to the original customer who purchased the Products from the Site.

(c) Coverage
This limited warranty covers defects in materials and workmanship during the Customer Warranty Period.

(d) Exclusions
This limited warranty does not cover damage due to:

  • Transportation, storage, improper use, failure to follow instructions, modifications, combination with other products, or external causes beyond our control.

(e) Period of Coverage
This limited warranty starts on the date of your purchase and lasts thirty (30) days.

(f) Remedies
We will, at our sole discretion, repair, replace, or refund defective Products during the Customer Warranty Period.

(g) Warranty Service
To obtain warranty service, contact Spore Genetics to receive a Return Merchandise Authorization (RMA) number.

(h) Limitation of Liability
Our liability is limited to the actual amount paid by you for the defective Product purchased through the Site. We are not liable for lost production, profits, or any consequential, incidental, or special damages.

(i) Dispute
Section 14 describes informal dispute resolution procedures available to you.

 

13. Force Majeure

We will not be liable for failure or delay caused by circumstances beyond our reasonable control, including acts of God, government actions, war, natural disasters, strikes, or supply shortages.

 

14. Governing Law and Jurisdiction

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by the internal laws of the State of Massachusetts without regard to conflicts of law provisions.

 

15. Dispute Resolution and Uniform Arbitration

(a) You and we agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action.

Any claim, dispute, or controversy between you and us arising from or relating to your purchase of Products through the Site will be resolved exclusively by uniform arbitration.

 

16. Waiver of the Defense of Illegality

You agree to waive any defense against the enforcement of this agreement based on illegality or public policy arguments.

 

17. Indemnity

You will indemnify and hold harmless Mass Mycology LLC, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) from any breach of these Terms by you, including unauthorized use of content or Products.

 

18. Acknowledgement of Psilocybin Cubensis Products

(a) By agreeing to these Terms, you acknowledge that our Products may be used to cultivate fungus capable of producing psilocybin and/or psilocin, including Psilocybin Cubensis. These Products have not been evaluated by any government agency.

(b) These Products are intended for microscopy research and taxonomy purposes only. We reserve the right to cancel, refuse, or refund any order placed for any other purpose.

 

19. Assumption of Risk

By agreeing to these Terms, you assume all liability with regard to the purchase, possession, and use of our Products. You acknowledge that possession of Products is illegal in California, Idaho, and Georgia.

 

20. Assignment

You will not assign your rights or delegate your obligations under these Terms without prior written consent. Any unauthorized assignment is null and void.

 

21. No Waivers

Failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement.

 

22. No Third-Party Beneficiaries

These Terms do not confer rights or remedies upon any person other than you.

 

23. Notices

(a) To You: Notices may be provided by email or posted on the Site. Notices sent by email are effective when sent; notices posted on the Site are effective when posted.

To Give Us Notice:

  • By personal delivery, overnight courier, or registered/certified mail to:

Warehouse Address:
Mass Mycology LLC
61 Lake Shore Rd.
Peabody, MA 01962

 

24. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, it will be severed, and the remaining provisions will remain in full force.

 

25. Entire Agreement

Our order confirmation, these Terms, and our Privacy Policy constitute the final and integrated agreement between you and us regarding the matters contained in these Terms.